My Mom's former ALF is trying to get money from me. Do they have a right to do that?

I am my mom's POA. My attorney told me to read everything that I sign and for me not to sign anything that indicated that I would be responsible for bills. He said if I signed that I would be responsible then they could bill me and I would be responsible for the bill. If signatures are needed I always sign everything with my mom's name by my name, POA.

My mother in law was in a rehab nursing care for a month, and after her release they kept sending me bills..but no explanation or details describing what it was for. They sent the bills to me. I called and said I was refusing to pay unless I knew what she was paying for in detail.
I finally got an itemized bill...and another. So after another phone call, all was ok and acceptable. About 2 months later, I got another additional bill...no explanation again. I'm starting to wonder if they send these out in hopes that the elderly just opens their wallet......in any case, I threw that one away, since they had already told me she was paid up and no further funds were due.
So make a phone call, refuse to pay, or ask what the extra care was for. Honestly, for as much money as these places charge ($10 a day for diapers when they should have been taking her to the bathroom but just left her in bed!) vs. the care they get- then they come after YOU..nah. I wouldn't pay it.

They can ask. Others might fall for it. But unless you signed something that made you personally liable for her fees, as opposed to signing on her behalf as her agent to agree to her paying her own fees from her own assets, you don't owe them a bean of your money and they can keep their sticky paws off it.

I hope you read anything you signed very carefully.

Yes, read what you signed at the ALF. Also, read your DPOA document. They vary greatly so you need to know what yours says. I'm DPOA for my Dad and it says specifically that I'm only responsible to handle his assets for him. I'm not personally liable for his debts.
My understanding is that a facility agrees to take what Medicaid/MediCal gives them when they accept a patient who has that coverage. You or she would be getting a notice from them (MediCal) if you could be liable for extra charges. It sounds to me like the ALF needs to cease and desist, but you may need to consult an elder care lawyer.

ilovedogs - you need to carefully review the contract that your signed with the AL.
That is going to be central as to what can be done. You do have a copy of the contract and all the paperwork?

Now if you signed as "Jane Jones Smith as DPOA for Mary Ann Jones" or Jane Smith in her limited capacity as DPOA for Mary Jones" then you personally are not responsible but you mom is from whatever funds she has. If she is on Medicaid - like what MediCal probably is - then mom is impoverished and the AL if out of luck.
But if you signed off as "Jane Smith" then you have signed off to be personally responsible for any bills.

Now whether the AL goes after you will be dependent on many factors. The biggest factor is the amount…if it's a nominal amount, maybe under 1K really isn't worthwhile for the AL to turn it over to collections. THose bills seem to be that they hound you by sending bills with late fees for several months. It will likely go on your credit report but no future legal issues. But for anything with a comma in it, and several thousand, those are worth them doing and getting a judgement against you so they can attach your bank account or garnish wages if you are still working at worst or turning it over to collection. The collection agencies are relentless.

BTW mom's SS income cannot be garnished, attached, etc by creditors as SS is federally protected from having this done.

If you don't have the contract, then you are going to have to send a fax or registered letter to them to have a copy sent to you. They can charge you for doing this too….really they can.

For others reading this, it is very important that you get a copy of every page of any admissions paperwork whether for NH, AL, IL or hospital. My mom's at NH # 1 was about 2 dz pages and her current NH # 2 was 15 pages. Don't leave or give them a check or deposit until you get a copy of every single page. At NH costing between 5K to 15K a month, this contract could very well be more than whatever the mortgage on your home ever was.

I would strongly suggest that you visit the website of the agency in your state responsible for issuing license to Assisted Living Facility. The have mandated Agreement (used by the licensee) between resident and licensee and check the Refund section, which clearly describes when and how refund is handled. Now, check the Agreement that you signed against the state's mandated Agreement. If the ALF Agreement does not contain refund policy or if it deviates from the state's version, then you can file a complaint to the licensing agency. Also, as a responsible party to your mother, you are responsible to comply with the Agreement, financially or otherwise. But don't worry. It looks like the facility erred based on your side of story. I know this because I am a licensee and a Certified Administrator, as well. I can't and won't tolerate abuses and/or fraudulent practices.

Thanks for all the answers. I was pretty sure that I'm in the clear, now I'm sure of it. I only signed as DPOA for my mother and I have the agreement and there is nothing saying that I'm responsible financially.And yes, it is sad that after everything else we are going thru with parents who are in these situations, witih dementia, spending all their money on facilities etc., it is a shame that companies only try to get more money out of the family. They have no compassion.

I am very sorry to hear you are going through this. :-( I don't have any experience or knowledge to offer, but this sounds very much like something that could happen to any of us, and I am hopeful that someone "in the know" will have some useful insights to impart.

In case additional information might help that possible "someone" ... I know you wrote that you signed as the responsible party on the rental agreement ... but did you sign your own name (full stop), or your own name with a string of text immediately after your signature along the lines of "as POA for [your mother's name]" or "signing as POA for [your mother's name]"?

Also, it might be helpful for someone more knowledgeable than I to know what state the ALF is in, and whether you live in the same state?

Again, I hope someone with some experience in this sort of matter will chime in here ... and I wish you the best of luck with what sounds like an extremely frustrating and stressful situation, and I appreciate your bringing it to the board, because I might have a chance to learn something here, too.

Of course they are going to ask because they may get some more $$$$ from you. Let them try - if your Mother has no assets they will just be wasting their time.

Like we do not have enough on our plates with our loved ones and their dementia - makes me furious - greedy companies - they can rot in hell - ruin my credit?? Who cares. I would have a very hard time not calling the assisted living and giving them a piece of my mind. Probably would not help but I may feel better.